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Citizen’s United Update: Supreme Court Confirms Montana Subject to US Constitution

Posted in Citizens United


Back in April, this blog boldly predicted that the United States Supreme Court would exert little effort in dismissing the State of Montana’s effort to convince us that the Court’s holding in Citizens United v. FEC, and the First Amendment analysis that supported it, did not apply in Big Sky Country. Journalistic integrity, and the fact that my prediction was correct, impels me to revisit that prediction now that the Court has ruled.

In a ruling issued today in the case American Tradition Partnership v. Bullock, the Supreme Court affirmed the principle that its Constitutional analysis must be applied throughout the country and is binding even upon those state courts which may disagree with that analysis:

The question presented in this case is whether the holding of Citizens United applies to the Montana state law. There can be no serious doubt that it does. See U. S. Const., Art. VI, cl. 2. Montana’s arguments in support of the judgment below either were already rejected in Citizens United, or fail to meaningfully distinguish that case.

Those paytoplaylawblog readers who bet the twenty-five word “over” and the one page “under” may now make their way to the cashier’s window to collect their winnings.